BIRMINGHAM, Alabama -- The federal appeals court in Atlanta has determined that an Alabama death row inmate cannot appeal his conviction and sentence, despite the inmate's concerns that his attorney was abusing drugs and alcohol.

In a split decision, a three-judge panel of the 11th U.S. Circuit Court of Appeals concluded late last month that Ronald Bert Smith's lawyers had not "properly filed" a petition of appeal by the state's deadline.

Though it was filed Sept. 27, 2001 - within the one-year window - Smith's lawyers included neither the $154 filing expense nor a motion to waive the fee. The fee was not paid until February 2002.

At the time, Smith was represented by Tennessee attorney William Massey and Alabama attorney C. Wade Johnson.

Less than a month after Smith's petition was initially filed, Johnson was charged with nine counts of possession of a controlled substance. Smith alleges that Johnson then filed for bankruptcy, before committing suicide in August 2002.

In his appeal, Smith argued that Johnson was unable to competently represent him or properly file the petition because of "Johnson's long and ongoing history of abuse of prescription drugs and crystal methamphetamine," according to the opinion.

The federal appeals court's opinion states that even if Johnson's documented struggles with drugs and alcohol prevented him from competent representation, Smith also must prove that Massey, his out-of-state attorney, was incapable of representing him.

In 2000, Smith was convicted in Madison County for the November 1994 murder of a convenience store clerk during an early morning robbery. He and two others were charged with capital murder in the killing. Smith was 23 at the time of his arrest in December 1994.

A jury found Smith guilty but recommended a sentence of life in prison. However, the judge rejected the jury's recommendation, instead sentencing Smith to death.

One of Smith's co-defendants, Jay Allen Zuercher, was sentenced to life in prison with parole possible in 10 years. The other, Chad Roundtree, accepted a reduced charge in exchange for his testimony. He pleaded guilty to felony murder and was sentenced to 20 years with parole possible in less than 10.